Irving H. Picard v. Saul B. Katz et al

Filing 13

DECLARATION of Fernando A. Bohorquez Jr. in Opposition re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5287A, 08-1789 (BRL).. Document filed by Irving H. Picard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Bohorquez, Fernando)

Exhibit M

SDNY CM/ECF Version 4.1.1

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U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:11-mc-00012-KMW

Picard v. Merkin
Assigned to: Judge Kimba M. Wood
Cause: M 47 Bankruptcy Cases - Before Appeal Filed

Date Filed: 01/14/2011

In Re
Bernard L. Madoff Investment
Securities LLC.

represented by James Craig McCarroll
Reed Smith (NYC)
599 Lexington Avenue
New York, NY 10022
(212)-549-0209
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Plaintiff
Irving Picard
Trustee for the Liquidation of Bernard
L. Madoff Investment Securities LLC.

represented by David J. Sheehan
Baker & Hostetler LLP (NYC)
45 Rockefeller Plaza
New York City, NY 10111
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Marc E. Hirschfield
Ronai & Ronai, LLP
19 West 34th Street, Penthouse
New York, NY 10001
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Marc Dennis Powers
Baker & Hostetler LLP (NYC)
45 Rockefeller Plaza
New York City, NY 10111
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.

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Defendant
J. Ezra Merkin

represented by Andrew J. Levander
Dechert, LLP (NYC)
1095 Avenue of the Americas
New York, NY 10036-6797
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Neil A. Steiner
Dechert, LLP (NYC)
1095 Avenue of the Americas
New York, NY 10036-6797
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Steven A. Engel
Dechert, LLP (DC)
1341 27th Street NW
Washington, DC 20007
(202)-261-3403
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Bart Schwartz
as Receiver of Defendants Gabriel
Capitial, L.P.

represented by Casey Devin Laffey
Reed Smith (NYC)
599 Lexington Avenue
New York, NY 10022
(212)-549-0389
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
James Craig McCarroll
(See above for address)
ATTORNEY TO BE NOTICED
Lance Gotthoffer
Reed Smith (NYC)
599 Lexington Avenue
New York, NY 10022
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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Defendant
Ariel Fund Limited

represented by Casey Devin Laffey
(See above for address)
ATTORNEY TO BE NOTICED
James Craig McCarroll
(See above for address)
ATTORNEY TO BE NOTICED
Lance Gotthoffer
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

01/14/2011

1

NOTICE OF MOTION OF BART M. SCHWARTZ, AS RECEIVER OF
DEFENDANTS GABRIEL CAPITAL, L.P. AND ARIEL FUND LIMITED,
FOR LEAVE TO APPEAL THE NOVEMBER 17, 2010 MEMORANDUM
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANTS' MOTIONS TO DISMISS TRUSTEE'S COMPLAINT.
Document filed by Bart Schwartz, Ariel Fund Limited.(jmi) (jmi). (Entered:
01/19/2011)

01/14/2011

2

MEMORANDUM OF LAW in Support re: 1 NOTICE OF MOTION OF BART
M. SCHWARTZ, AS RECEIVER OF DEFENDANTS GABRIEL CAPITAL,
L.P. AND ARIEL FUND LIMITED, FOR LEAVE TO APPEAL THE
NOVEMBER 17, 2010 MEMORANDUM. Document filed by Ariel Fund
Limited, Bart Schwartz. (jmi) (jmi). (Entered: 01/19/2011)

01/14/2011

3

MEMORANDUM OF LAW OF IRVING H. PICARD, TRUSTEE, IN
ANSWER AND Opposition re: 1 MOTION NOTICE OF MOTION OF BART
M. SCHWARTZ, AS RECEIVER OF DEFENDANTS GABRIEL CAPITAL,
L.P. AND ARIEL FUND LIMITED, FOR LEAVE TO APPEAL THE
NOVEMBER 17, 2010 MEMORANDUM.. Document filed by Bernard L.
Madoff Investment Securities LLC.. (jmi) (jmi). (Entered: 01/19/2011)

01/14/2011

4

REPLY MEMORANDUM OF LAW in Further Support re: 1 MOTION
NOTICE OF MOTION OF BART M. SCHWARTZ, AS RECEIVER OF
DEFENDANTS GABRIEL CAPITAL, L.P. AND ARIEL FUND LIMITED,
FOR LEAVE TO APPEAL THE NOVEMBER 17, 2010 MEMORANDUM.
Document filed by Bart Schwartz. (jmi) (jmi). (Entered: 01/19/2011)

01/14/2011

5

DECLARATION of Lance Gotthoffer in Support re: 1 MOTION NOTICE OF
MOTION OF BART M. SCHWARTZ, AS RECEIVER OF DEFENDANTS
GABRIEL CAPITAL, L.P. AND ARIEL FUND LIMITED, FOR LEAVE TO
APPEAL THE NOVEMBER 17, 2010 MEMORANDUM. Document filed by
Bart Schwartz. (jmi) (jmi). (Additional attachment(s) added on 1/25/2011: # 1
Declar) (jmi). (Additional attachment(s) added on 1/25/2011: # 2 Declar) (jmi).
(Additional attachment(s) added on 1/25/2011: # 3 Declar, # 4 Declaration, # 5
Declaration, # 6 Declaration) (jmi). (Additional attachment(s) added on

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1/25/2011: # 7 Declar, # 8 Declaration, # 9 Declaration) (jmi). (Entered:
01/19/2011)
01/14/2011

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney James Craig
McCarroll and Lance Gotthoffer for noncompliance with Section (14.3) of the
S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for
Document 2 Memorandum of Law in Support of Motion, 3 Memorandum of
Law in Opposition to Motion, 4 Reply Memorandum of Law in Support of
Motion, 5 Declaration in Support of Motion, 1 MOTION NOTICE OF
MOTION OF BART M. SCHWARTZ, AS RECEIVER OF DEFENDANTS
GABRIEL CAPITAL, L.P. AND ARIEL FUND LIMITED, FOR LEAVE TO
APPEAL THE NOVEMBER 17, 2010 MEMORANDUM. to:
[e-mail] (jmi) (Entered: 01/20/2011)

02/08/2011

6

ENDORSED LETTER addressed to Judge Kimba M. Wood from David Parker
dated 1/19/11 re: Request for leave to appeal with respect to the Bankruptcy
Court's 546(e) ruling and that the Receiver's Motion for Leave is granted.
ENDORSEMENT: Request (to participate on the merits of the appeal) denied at
this time. Because the Kleinberg clients' request "to participate on the merits of
the appeal" is contingent upon the Court's granting the Receiver's Motion for
Leave to Appeal, the Court declines to entertain their request at this time. If the
Court grants the Receiver's Motion, the Kleinberg clients may, at that time, and
in accordance with the Court's Individual Rules of Practice, move for their
requested relief. The Court declines to consider the instant letter in all other
respects. (Signed by Judge Kimba M. Wood on 2/8/11) (cd) (Entered:
02/08/2011)

02/08/2011

7

ENDORSED LETTER addressed to Judge Kimba M. Wood from Marc
Hirschfield dated 1/21/11 re: Request that the Kleinberg letter should be stricken
form the file in this matter. ENDORSEMENT: Because the Court declines to
consider, at this time, the Kleinberg letter, the Trustee shall not submit a
response to the arguments set forth therein. (Signed by Judge Kimba M. Wood
on 2/8/11) (cd) (Entered: 02/08/2011)

02/08/2011

8

NOTICE OF APPEARANCE by Casey Devin Laffey on behalf of Ariel Fund
Limited, Bart Schwartz (Laffey, Casey) (Entered: 02/08/2011)

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